Update On Challenges To OSHA’s Vaccination ETS For Larger Employers

Volume: 20 | Issue: 70
November 18, 2021

The Sixth Circuit Court of Appeals will decide the legality of the Vaccination and Testing Emergency Temporary Standard (ETS) issued by the Occupational Safety and Health Administration (OSHA) for larger employers. This court was randomly selected by the judicial panel on multidistrict litigation to hear the consolidated cases filed for and against the ETS in 12 different appellate jurisdictions.

The Sixth Circuit Court of Appeals generally has jurisdiction over Michigan, Ohio, Kentucky and Tennessee.  While an appellate court usually assigns a three-judge panel to hear its cases, several parties have already asked the Sixth Circuit Court to consider OSHA’s ETS “en banc” – meaning that all active judges of the court would hear, consider and rule upon the consolidated cases together as a group. No matter how the court decides to hear this matter, its decision will likely be appealed to the U.S. Supreme Court.

The Sixth Circuit Court has not yet addressed the stay already imposed by the Fifth Circuit Court. We will keep you posted of continued developments on the Vaccination ETS.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.

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